Row Billing Terms of Use for US Customers

Version 1 - 05/24/2023

1. INVOLVED PARTIES

By means of this document, Row LLC, and on the other hand, the "client" which corresponds to the natural or legal person using the "Row Billing" software, hereinafter simply referred to as "Row Billing" or "Row", agree to the execution of a service provision contract, which shall be governed by the following clauses. The use of the Row Billing system by the client implies acceptance of the terms of use of this document.

2. GENERAL EXPLANATION AND GLOSSARY

For the purpose of easy comprehension by all our clients, the most important points of the service conditions are as follows, which are further detailed in the subsequent clauses:

3. DURATION

This contract will come into effect upon the client's registration in Row Billing and will remain in force until either party terminates it according to the specified termination conditions.

4. GENERAL DESCRIPTION OF THE SERVICE

The ROW software is a business management solution that includes processes for issuing and receiving invoices and tax documents, cash flow management, warehouse and inventory management, electronic invoicing, generation of quotes and their tracking, management of multiple users, among other features. This service will be free of charge, without implying any installation or maintenance costs for the client.

In addition to the free service, other services will be offered by Row or associated companies, which may or may not incur a cost. These services can be freely contracted by the client according to their needs. They may include, among others, training sessions, telephone support, integrations, design, collection, advertising, etc. These services may have their own terms and conditions.

5. ADMISSIBILITY

By accepting this contract, you declare that you are of legal age according to the law of the state in which you reside, and that, in the case of legal entities, you have the necessary legal representation to accept this contract.

6. SERVICE AVAILABILITY GUARANTEES

Row LLC. is committed to continuously maintaining the Row Billing platform, carrying out its backup, updating, maintenance, and monitoring, providing a service with a high degree of quality and reliability, except for periods of scheduled maintenance informed in advance to the client according to the "Updates" and "Communications" clauses.

This point excludes force majeure reasons such as earthquakes, natural disasters, fiber optic cuts, outages of national or international internet providers, etc., which are beyond the control of Row LLC.

While Row LLC will work for the reliability of the platform, it does not assume responsibility for the direct or indirect losses that the client may incur during periods when the service is not available or when it presents errors or technical problems.

7. COMMUNICATIONS

All communications regarding ROW will be informed to the client via email, telephone, or SMS; for this reason, the client undertakes to keep updated contact information.

If the contact information becomes invalid and the client cannot be contacted within a period of 30 days, this contract will be considered null, constituting grounds for termination of the service, according to the "Termination of Service" clause.

If you unsubscribe from our mailing list, you will not receive communications regarding updates or other relevant messages.

OFFICIAL CHANNELS

The official channels of Row Billing are understood to be in Spanish

8. CUSTOMER SUPPORT

Row LLC will offer the following differentiated customer support channels as a service, support via email that is available for all ROW clients, including the free plan. All times are in EST (Eastern Time Zone).

Technical Support via email for all ROW clients: Weekdays from 9:30 am to 6:30 pm, Saturdays from 9:30 am to 3:30 pm, via email.

Hiring of additional services: Weekdays from 9:30 am to 6:30 pm, Saturdays from 10:00 am to 2:00 pm, through the online support system or email.

Administration and finance: Weekdays from 9:30 am to 6:30 pm, through the online support system or email.

Row LLC will keep a record of all communications made with the client, including emails, chats, phone calls, or others, with the aim of monitoring and improving the quality of service.

Row LLC is committed to maintaining a respectful and cordial relationship with our clients. Likewise, our clients should maintain the same quality of treatment towards our staff.

9. UPDATES

Periodic improvements will be made to ROW at no cost to the client in order to keep the system up to date with new technologies. Notifications will be sent when these improvements are made. The planning of these improvements will be decided by ROW LLC according to the established criteria.

On the other hand, customized developments will be made for paying clients according to specific requirements or needs, which will be previously evaluated and quoted, according to the "Optional Paid Services" clause.

10. PRICING

The ROW sales automation platform service in its basic version will be free of charge, with no installation or maintenance costs. Additionally, there are complementary paid services, which will have a determined value but will not, in any case, be a condition to continue receiving the free service indicated in the "Free Basic Service" clause.

ROW's additional and complementary services may correspond to monthly, yearly, transactional, and/or one-time payments. These payments are segmented by size, industry, or other parameters that ROW LLC may determine. All these payments will be published at https://www.userow.com/, and it will be the contractor's responsibility to be aware of them and provide accurate information that allows for proper segmentation.

ROW reserves the right to make price modifications, rate calculations, and changes to all its products' features. The aforementioned changes will be duly notified to the client through ROW's official channels. The contractor's continued use of the ROW software and its features implies acceptance of the applied changes.

11. FREE BASIC SERVICE

The free basic service includes:

Issuance of tax documents

Recording of tax documents issued both on paper and electronically. Through Row LLC, you can enter either just the general data of the invoice such as the issuer, recipient, and amounts, or also keep track of the complete details, facilitating the tracking of sales made and the user who made the entries.

Receipt of tax documents

Recording of tax documents received both on paper and electronically. Including tracking of purchases and payments to suppliers.

Technical support via ticket

The technical support service and assistance for clients using the Free Basic Service is via email at [email protected].

Payment and credit control

Know precisely and immediately the payments you have received from your customers and the payments made to your suppliers, indicating the date, amounts, and outstanding balances. Additionally, use the unpaid tax document search to quickly obtain your list of delinquent customers or your list of unpaid accounts.

Cash management

Facilitate the management of your treasury by defining cash boxes and bank accounts where you can centralize incoming and outgoing funds and tax documents. Obtain a detailed account of movements by date, balances, and cash closings, including the user who performed them and any discrepancies.

Inventory and warehouse

Maintain a clear view of the products you have available in your warehouses, including the exact location of each of them, and automatically update your available stock by entering each purchase or sale into the system by choosing the correct SKU in each tax document.

Sales, Quotation, and Tracking

ROW organizes all the tracking of a potential sale under the concept of "business opportunity," quickly showing the generated quotes, registered observations and comments, information on previous sales and customer contacts, and sales invoices when the sale is completed. Keep track of the status of the business opportunities your salespeople are handling, the number of days that have passed since the client initiated contact, and the percentage of success in closing deals.

Promotions

Provide better tools to your salespeople to increase sales by displaying promotions directly on the sales screen along with the potential savings for your customer. Define promotions based on the products the customer is purchasing or the quantities of products. This does not include integrations with third-party websites or software.

Generation of reports

Thanks to the powerful database design, obtain the information you need quickly and efficiently. Some reports you can obtain are:

Tracking, alerts, and coordination

Track in detail each business opportunity and each generated tax document, including contacts made with the client, important comments regarding collections, observations, or others, and use the alert feature to inform your team members of important events that have occurred.

12. OTHER OPTIONAL PAID SERVICES

Other paid services will be offered to the client with the aim of improving their experience. These services may include, among others:

Such services will have their own conditions independent of this contract.

13. WARRANTY

WARRANTY FOR ADD-ONS AND SERVICES

For paid services, including add-ons, developments, or others, the warranty period will be 30 consecutive days from the issuance of the invoice or electronic tax document that validates the purchase.

WARRANTY FOR DEVICES AND/OR HARDWARE

Regarding hardware and/or devices, the warranty will be 3 consecutive months from the issuance of the invoice or electronic tax document that validates the purchase. The warranty will be valid only if the device has a ROWry defect and retains the entire original packaging without damage. These devices are for the exclusive use of the ROW platform services. In the event that the use of the device for platforms other than ROW is detected, damage due to customer handling, misconfiguration, impact, or misuse, this warranty will be void.

To make the warranty valid, the customer must:

At the time of receiving the equipment or activating the service in the client's ROW account, this implies acceptance of the terms of use and this warranty policy. ROW LLC is not responsible for subsequent returns or returns in conditions different from those indicated above.

14. PAYMENT FOR ADDITIONAL SERVICES

METHODS OF PAYMENT FOR CONTRACTED SERVICES PAYMENT

The client may pay through the means provided by ROW LLC to make the payment of the corresponding invoices and/or purchases from the website.

DEFAULTS

In the event of default in the payment of paid services, ROW LLC may partially or totally suspend or terminate the service, according to the "Termination clauses," which does not limit ROW LLC from additionally publishing this default in the financial system.

The client's disaffiliation from the ROW service or its suspension due to default does not exempt the client from paying the outstanding invoicing.

15. SERVICES OFFERED BY THIRD PARTIES WITHIN ROW

The possibility of quoting and using services offered by third parties will be included within the ROW platform. All these services will be governed by their own terms of use, which will be informed at the time of contracting, and their costs, if any, will be borne by the client. Support for such services will be provided by the third parties that provide them under the conditions they establish.

In the case of services offered by third parties that do not correspond to the official channels of ROW, described in the "Communications" clause, the client may inquire whether the third party corresponds to an active alliance, partner, or collaborator in our commercial offer.

16. ACCESS TO ROW

The client may use a personal account to access the ROW platform. For this, they must create an account with accurate and complete information. The client cannot create or use another person's account without authorization. The client is responsible for not disclosing their access data to third parties, keeping them strictly confidential. Any action taken using the client's account will be the client's own responsibility, so the proper use of the account is essential.

The client may create accounts for their employees, identifying their personal data, roles, and permissions. The client will be responsible for correctly assigning access permissions and ensuring the proper use of their accounts and passwords.

17. PERSONAL DATA PROCESSING

For the purposes of personal data, this contract will be governed by ensuring the protection of privacy, especially to authorize ROW LLC. to use personal data collected through the provision of ROW services.

For this, ROW LLC is subject to the following rules:

Definitions

a) Processing of personal data: any operation or set of operations or technical procedures, whether automated or not, that allow for the collection, storage, recording, organization, preparation, selection, extraction, comparison, interconnection, disassociation, communication, transfer, transmission, or cancellation of personal data, or their use in any other way.

b) Personal data: those relating to any information concerning identified or identifiable natural persons.

c) Responsible for the record or database: The company responsible for decisions related to the processing of personal data. In this case, it will be ROW LLC.

d) User: a natural person to whom personal data refers, who voluntarily registers and opens an account on the ROW platform.

Obligation to care for personal data

ROW LLC ensures the care of personal data of users who register as such and use the products indicated here.

Without prejudice to its legal powers, ROW LLC will process personal data that has been voluntarily provided by Users in the registration for our products and/or the creation of accounts.

Data entered in mandatory fields of any form will be deemed to have been voluntarily provided by the user.

Purpose of personal data

The personal data of users will be used for the fulfillment of functions inherent to the ROW platform, always within its commercial scope and without exceeding US legislation or the provisions of this contract.

Type of treatment

The personal data that users enter will be subject to collection, storage, recording, organization, preparation, selection, extraction, comparison, interconnection, disassociation, communication, transfer, transmission, cancellation, and any other form of use by ROW LLC, for the purpose of providing the defined service and no other purposes.

18. USAGE LIMITS

The basic free service falls within the following usage limits:

Number of registered users No limit
Number of generated and stored tax documents No limit (with a maximum database space limit)
Usage time limit No limit
Maximum number of users operating simultaneously 50 users
Amount of disk space used in the database, images, and other files 1,000 Mb
Amount of monthly data traffic 10,000 Mb
Maximum monthly billing amount 50,000 USD

ROW LLC may disable the client's account if they exceed the indicated limits or if they perform a usage that causes disruptions in the normal operation of the network and/or degrades the service quality by more than 10 requests per second or by a file load greater than 1Mb/second.

19. STATISTICS AND ADVERTISING

ROW LLC will generate periodic statistics of the global use of ROW, including the number of user companies, their sizes and industries, or other consolidated data, in order to disclose the use of its system. The customer agrees to be part of this statistic, which will not include any personal or private data.

ROW's advertising on the Internet or in different media may include mentions of user companies. The customer accepts, as part of the service, to allow the use of their name and logo mentioning the company as a user. In no case will this information include personal or private data.

Promotions

ROW LLC may develop promotions that encourage the use of one or several features or services, which may include discounts on their value, discount coupons for payers, incentives for referrals, or others that ROW LLC defines in the future. Each of these promotions will be communicated with their respective attached conditions.

20. INFORMATION DOWNLOAD

ROW LLCludes the possibility of downloading in Excel or XML format in the case of electronic billing, the published information of customers, suppliers, inventory, and billing in its ROW system. The client may download the information whenever required without exceeding the maximum download limits imposed by the platform.

21. CONFIDENTIALITY AND INTELLECTUAL PROPERTY

Any data or material delivered by the Client to ROW LLC, or uploaded manually or automatically to ROW, including sales data, contact, billing, images, graphics, sounds, logos, slogans, etc., is the property of the Client, and its use by ROW LLC for any purpose other than regulated in this contract and under strict confidentiality is prohibited. The customer's customer lists and sales and purchase information are also the exclusive property of the client, which will be safeguarded in strict confidence by ROW LLC.

The entire ROW platform, including the source code, database models, management systems, system architecture, graphic design, and other software components, are the exclusive property of ROW LLC, protected under intellectual and industrial property regulations. The customer may not attempt to obtain, download, reverse engineer, or appropriate any of these components.

The Customer is responsible for any type of claim that may arise from third parties claiming intellectual or industrial property rights regarding the data uploaded by the customer. The Customer shall indemnify ROW LLC for any damages or losses that may arise from such claims.

22. TERMINATION CAUSES

The contract may be terminated for the following reasons:

Causes attributable to the client.

For the purposes of this contract, the following shall be considered as serious breaches attributable to the Client:

In these cases, ROW LLC may temporarily or permanently suspend the service to the client immediately.

In the event that ROW LLC decides to terminate this contract for its own reasons, communication will be sent via email 30 days prior to the suspension.

Termination of the contract does not imply the full or partial refund of payments made for paid services, nor does it imply indemnification.

In the event of termination, the client must download their information in accordance with the "Information Download" clause.

23. SERVICE TERMINATION REQUESTED BY THE CLIENT

The client may request the termination of the service at any time by contacting ROW LLC, during the hours and through the means defined in the "Customer Service" clause. The requested terminations take a period of 15 business days to be processed and must be exclusively via email to [email protected]. During this period, the client may cancel this termination. Once the termination is completed, for security purposes, the information in their account will be permanently deleted, and it will be necessary to create a new account to use the service again.

24. INFORMATION BACKUP

ROW LLC will provide a daily backup service for all published information. This backup will be performed between 1am and 5am EST. In the event of technical problems or data loss, the service will be restored using the most recent backup. For additional security, ROW LLC will keep a copy of the last 3 backups made.

ROW LLC will not be responsible for or provide compensation for any losses or expenses incurred by the client in the need to restore a previous backup.

25. CHANGES TO THE CONTRACT

This contract may undergo modifications over time due to improvements and updates to the ROW software made by ROW LLC. These modifications will be communicated to the client in advance of their implementation. The continued use of the ROW service or the absence of objection to the communication of the change implies acceptance of the changes made. This change will be communicated according to what is indicated in the "Communications" clause.

26. JURISDICTION EXTENSION

For all purposes arising from this agreement, the parties establish their domicile in the city of Miami, Florida, USA, and expressly submit to the jurisdiction of its ordinary courts of justice.

27. LIMITATION OF LIABILITY

ROW LLC will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits and data, tax injury, personal injury, or property damage, or damages relating to, or in connection with, the use or misuse of the services offered by ROW LLC, even if ROW LLC has been advised of the possibility of such damages. ROW LLC will also not be liable for any damage, liability, or loss arising from: (a) use or reliance on the ROW platform services or the user's inability to access or use the services; (b) Any transaction or relationship between the user and any third-party provider, even if ROW LLC has been advised of the possibility of such damages, especially but not limited to, tax liability matters.

The user may use the ROW platform services, either for free or using paid services, for business management, issuance, and receipt of Electronic Tax Documents; however, the user agrees that ROW LLC has no liability to the user for any unauthorized third-party intrusions into sensitive company information or hacker activities.

The limitations and waiver in this section are not intended to limit liability or alter the user's rights as a consumer that cannot be excluded under current US law.

28. ACCEPTANCE AND REPRESENTATION

It is noted that through the online acceptance and subsequent use of the service, the client declares to have read, understood, and accepted the conditions of this contract, products, services, and its annexes, as established in this document, the preceding ones, and the following ones.

In the case of companies, the representative declares to have the powers and authorizations to legally represent the client and accept this contract.

The use of ROW implies an acceptance of this contract and its service conditions.